About the website translation:
Our terms and conditions have been translated into several languages by Deepl.com. Only the German version of our terms and conditions applies, as translation errors cannot be ruled out.

General terms and conditions as of: 1.8.2020

of the FM Mein Arztbedarf GmbH
FN follows, Innsbruck Regional Court
Schlöglstrasse 57, 6060 Hall in Tirol, Austria

Managing Director: Dr. Daniel Pehböck

The following terms and conditions (hereinafter referred to as "GTC") are an integral part of all offers submitted by FM Mein Arztbedarf GmbH and an integral part of all contracts concluded by FM Mein Arztbedarf GmbH are concluded. They replace all other conditions or agreements that have not been agreed to in writing by FM GmbH. Mein Arztbedarf GmbH has not agreed to in writing. The version valid at the time of the conclusion of the contract is decisive. The separate terms and conditions in italics apply to entrepreneurs.

Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are prepared to participate in an out-of-court dispute resolution procedure.

Scope of application and agreements
These general terms and conditions apply to all contracts that a consumer or an entrepreneur (hereinafter referred to as "customer") concludes with us for the goods presented in the online store.

All agreements and promises as well as deviations from the following agreements require our written countersignature to be legally binding. This also includes, in particular, the terms and conditions of purchase or general terms and conditions of our customers.

By placing an order with us at the latest, the contractual partner declares its consent to our GTC and also to the fact that these apply to future transactions between us and the contractual partner and that no separate reference to the GTC must be made in future transactions.

Consumer/Entrepreneur

If you place an order via the webshop as a consumer, you expressly declare that you are a consumer and are at least 18 years of age and have full legal capacity.

If you place an order via the webshop as an entrepreneur, you expressly declare that you are an entrepreneur and that it is a business-related transaction. In particular, conflicting GTCs must be expressly agreed in writing by FM Mein Arztbedarf GmbH in order to be valid.

If you do not wish to accept the GTC, please do not place an order via the webshop.

Registration in the online store
When registering in our online store, correct and complete information must be provided, which must be updated in the event of changes. By registering, the customer confirms that he/she is at least 18 years old and has full legal capacity. Multiple registrations are not permitted. If these agreements are not complied with by the customer, we expressly reserve the right to delete the account.

All personal data will be treated confidentially and will not be passed on to third parties unless this is necessary for the dispatch of our products.

When registering, our customer must enter/create a password. This is confidential and may not be passed on to third parties. The customer assumes full responsibility for the use of this password and all orders and declarations made using this password. It must be ensured that our e-mails are actually received (e.g. setting the spam filter) and also read regularly.

Disclaimer for links
We are liable for our own content on the website and in the online store. Insofar as we provide access to other websites via links, we are not responsible for the third-party content contained therein. We do not adopt the third-party content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.

Conclusion of contract
Even though we take the greatest care in maintaining our website, it is possible that prices may be incorrect. The prices on the homepage are therefore subject to change. We expressly reserve the right to change prices at short notice until a binding contract is concluded.

The product descriptions contained in the online store do not constitute offers from us, but merely an invitation to the customer to submit a binding offer. The documents attached to an offer, such as illustrations, drawings, etc., which contain weight and dimension specifications as well as descriptions of quality and properties, are only approximate and are not deemed to be warranted. Only those properties that are expressly identified as such are warranted within the meaning of the ABGB and the UGB.

The customer can select products from the range and collect them in a virtual shopping cart using the "shopping cart symbol". By clicking on the "order with obligation to pay" button, the customer submits a binding order or a binding offer to conclude a purchase contract for the goods in the shopping cart. The order can be changed or corrected at any time before it is sent. These GTCs must be bindingly accepted by ticking the box before placing an order.

The confirmation e-mail that is then sent does not constitute a binding acceptance of the offer. It only contains the text of the contract, a revocation instruction and these GTCs.

The purchase contract is only concluded upon transmission of our binding order confirmation. This also applies if the purchase price has already been paid by the customer based on the selected payment method. If the contract is not concluded in this case, we will inform the customer and refund the advance payment.

Contracts must always be in writing. The customer agrees to communication by electronic means for contractual purposes. This also includes the submission of offers and the issue and transmission of invoices by electronic means.

Our prices are non-binding and subject to change. They are shown as gross and net prices on our homepage. The prices quoted do not include shipping or delivery costs.

Availability of goods
If a product is temporarily unavailable, we will inform the customer immediately. If the product is not available for more than 2 weeks, the customer has the right to withdraw from the contract without giving reasons. In this case, we are also entitled to withdraw from the contract if it has already been concluded. Any payments already made shall be refunded.

Dispatch and delivery
The customer shall subject deliveries and services to an incoming goods inspection immediately upon receipt, which shall be deemed confirmed by signing the delivery documents (delivery bill or consignment bill). If incorrect deliveries, missing quantities or other defects are not reported within 5 working days of receipt of the goods or invoice at the latest, the delivery or service shall be deemed to have been performed in accordance with the contract. The unobjectionable acceptance of goods by forwarding agents or carriers shall be deemed proof of faultless packaging and shall exclude any claims against FM Mein Arztbedarf GmbH due to damage incurred during transportation.

The delivery costs per delivery are shown on the homepage. We expressly reserve the right to make partial deliveries.

We are free to choose the shipping method and the carrier.
We ship to Austria and Germany to the delivery address given to us during registration. For all other countries, we reserve the right to refuse the order.

If customs fees are incurred, the end customer shall bear these in full. Customs will invoice the customer directly. In this case, the customer also expressly agrees to allow the data to be passed on to the customs office.

Please refer to our product pages for delivery times. The times stated apply to Austria. Shipments abroad usually take 1-2 days longer.

We endeavor to adhere to promised delivery dates. Events of force majeure, including but not limited to delayed or defective delivery of goods, transportation difficulties, strikes, etc., release us from the agreed delivery times or cannot be claimed.

Further claims, in particular claims for damages due to non-delivery or delayed delivery as well as for any other reason, are generally limited to cases of willful breach of duty by FM Mein Arztbedarf GmbH.

In this context, entrepreneurs are also reminded of their obligation to report defects immediately in accordance with § 377 UGB.

In the event of parcel loss or shipping damage for whatever reason, an external provider, Fiege.com, will be called in for freight claims management. You agree that we may forward your data to Fiege.com in this case so that the parcel clarification or the damage can be processed in terms of insurance.

We offer insurance up to a maximum amount of €500 for every order. If a parcel is lost, we will reimburse the value of the goods up to this maximum amount. Claims exceeding this value of goods are excluded.

Terms of payment
The following payment options are available to the customer:

PayPal
Credit card, whereby we accept VISA, American Express and MasterCard
Amazon Pay
by invoice (after consultation and only for regular customers)
by instant bank transfer
Klarna Payments
In the case of SEPA bank transfer (prepayment), the invoice amount must be transferred within 5 days of conclusion of the contract. The goods will only be dispatched after the full purchase price has been credited to our account.

When paying via PayPal, the invoice amount due must be transferred to us via PayPal. As soon as the process is completed on the PayPal account, the goods will be dispatched, provided they are in stock.

If payment is made by credit card, the goods will only be dispatched after the booking process has been completed.

We are entitled to refuse further deliveries if there are still outstanding invoice amounts. We reserve the right to make deliveries against advance payment or cash on delivery.

Offsetting against claims against us is only permissible if the claim has been legally established or recognized by us in writing.

For entrepreneurs, default interest of 9.2% above the base interest rate is agreed. Further claims for damages remain unaffected.

Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we also offer the following payment options. Payment is made to Klarna in each case:

Invoice: The payment period is [14] days from dispatch of the goods/ticket/ or, in the case of other services, provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Germany, Finland, Great Britain, Netherlands, Norway, Austria, Sweden, Switzerland.
Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments according to the conditions specified in the checkout. The installment payment is due at the end of each month after Klarna has sent you a monthly invoice. Further information on installment purchases, including the general terms and conditions and the European standard information for consumer credit for the countries where this payment method is available, can be found here (only available in the countries indicated): Denmark, Germany, Finland, Great Britain, Norway, Austria, Sweden.
Sofortüberweisung: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited immediately after placing the order.
Direct debit: Your account will be debited after the goods have been dispatched. You will be informed of the date by e-mail.
Credit card (Visa/Mastercard): Available in Germany. The amount will be debited after dispatch of the goods or tickets / availability of the service or, in the case of a subscription, according to the communicated times.
[PLEASE ADJUST ABOVE AND BELOW IN ACCORDANCE WITH THE PAYMENT METHODS USED]
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.

Complaints
If defects are found in our goods, the complaint must be made in writing immediately (after receipt of the goods). After inspection of the defects by us or our suppliers, the goods will be repaired or replaced at our customer's discretion.

Further claims are excluded in accordance with § 8 of the Product Liability Act. In the event of receipt of goods that are already externally damaged, the complaint must be addressed directly to the carrier (forwarder).

Product liability
The FM Mein Arztbedarf GmbH is not considered a manufacturer as defined by § 3 PHG with regard to the goods sold. Any claims which are to be asserted on the basis of the PHG must therefore be addressed to the manufacturer designated on the respective product. If the manufacturer cannot be located by the claimant, FM Mein Arztbedarf GmbH will, upon obligatory request, inform the claimant immediately.

Non-compliance or non-compliance with specified and generally known conditions for installation, commissioning, use or maintenance (e.g. operating instructions, instructions for use) as well as disregard of warnings or official requirements goes beyond mere contributory negligence of the operator in incidents and leads to a loss of any claims against the manufacturer.

In principle, the party claiming damages (customer) has a comprehensive duty to cooperate in clarifying the facts in question.

Operators of medical devices
According to § 83 MPG, medical devices may only be used by persons who have been instructed in the proper handling of the medical device or a medical device of this type, taking into account the instructions for use and the accompanying safety-related information, and who have also been made aware of special application and medical device-specific hazards. In particular, the operator of medical devices is obliged in accordance with § 4 Para. 1 MPBV to ensure that persons involved with the respective medical devices are trained by medical device consultants (§ 79 MPG). Instruction is not required for those persons who, due to their training, other knowledge or practical experience, can be assumed to be sufficiently familiar with the information specified in § 4 Para. 3 MPBV. The instruction must be documented.

The provision and transmission of detailed manufacturer and test reports (e.g. § 3 Para. 3 MPBV) is generally subject to a charge and must be paid for by the requesting party/customer.

Revocation
See https://meinarztbedarf.com/widerruf/

Warranty
Warranty claims for consumers are governed by the statutory provisions.

However, if the customer is an entrepreneur, the warranty period is 6 months. Warranty claims require that the defects have been reported in writing and in detail within 14 working days of receipt of the goods. A right of recourse in accordance with § 933b ABGB is expressly excluded.

Guarantee
Warranty is only granted by us if agreed separately. Warranty claims can only be determined at the manufacturer's premises. Freight costs for warranty work must be borne by the sender/customer.

Compensation for damages
No guarantee is given for the correctness, completeness and up-to-dateness of the information provided on the website.

If you or the FM Mein Arztbedarf GmbH suffers damage because the other party to the contract breaches a contractual obligation, the party in breach of contract must pay compensation in accordance with the statutory requirements.

For entrepreneurs: FM Mein Arztbedarf GmbH shall only be liable to entrepreneurs - except for personal injury - in the event of gross negligence.

In any case, all instructions on the product packaging and product inserts must be observed.

Place of jurisdiction and law
All disputes arising from any legal transaction shall be subject to the competent court in Innsbruck. The place of performance for deliveries and payment is the registered office of the company. All contracts are concluded under Austrian law. The UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules are expressly excluded.

In the case of entrepreneurs, this is agreed as the exclusive place of jurisdiction.

Invalid conditions
Should any of the above or agreed conditions be legally invalid, this shall not affect the validity of the remaining conditions.

Retention of title
The goods shall remain our property until payment has been made in full. In the event of default of payment, the customer shall be obliged to surrender the goods subject to retention of title following a reminder. The assertion of the retention of title shall not constitute a withdrawal from the contract unless this is expressly declared. In the event that the goods that have not yet been paid for in full are seized by third parties or, if necessary, executed by the authorities, the customer undertakes to inform us immediately so that we can assert our ownership against the third party. If we take back goods delivered on the basis of the above retention of title, the customer shall be liable for any shortfall in proceeds resulting from resale. He must also reimburse the costs incurred by the return transportation or onward transportation to third parties.

Newsletter dispatch
The FM Mein Arztbedarf GmbH will only ever send such information to e-mail addresses which the customer (or its employees and agents) has voluntarily made available to it in the course of business contacts or to addresses which are generally accessible to the public.

In any case, the customer has the right at any time to demand the immediate deletion of his e-mail contact data from the databases or to demand that the sending of information to him be stopped with immediate effect. FM Mein Arztbedarf GmbH will also draw attention to this fact each time information is sent and offer the opportunity to prohibit the future sending of information. Excluded from this is the sending of e-mails, which is essential for the ongoing processing of business transactions (e.g. sending of confirmation letters).

Changes and additions to the homepage
The FM Mein Arztbedarf GmbH reserves the right to change/adapt/replace/update and/or delete individual or all information and data on this homepage at any time.

Other information
If the customer purchases products that are considered electrical or electronic equipment within the meaning of the EAG-VO, he undertakes, in accordance with § 10 para. 3 EAG-VO, to ensure the proper disposal of the equipment concerned after it has ceased to be used at his own expense and risk.

Data protection
In accordance with data protection law, we inform the customer that the following data is stored in our electronic system: Name, address (incl. e-mail address), telephone number and payment transaction information. This data is used to fulfill the contract (Art 6 para 1 lit b GDPR) and will be stored by us for the duration of the statutory warranty and product liability periods (10 years), but will not be passed on. In principle, the customer has the rights to information, correction, deletion, restriction, data portability, revocation and objection. A letter of request in this regard must be sent to our business address, Attn: Managing Director Dr. Daniel Pehböck, BA (controller within the meaning of the GDPR).

Express reference is made to the privacy policy on the homepage. The customer confirms that they have read it before concluding the contract.

Affiliate marketing
We offer other companies worldwide the opportunity to promote FM Mein Arztbedarf GmbH products on a commission basis. We hereby expressly point out that we have no influence on the way our affiliate partners advertise our affiliate links. Therefore, please contact the advertiser directly if you have any queries about any advertising mailings. The FM Mein Arztbedarf GmbH distances itself from any advertising campaigns by third parties or affiliate partners.

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General terms of use for the MeinArztbedarf marketplace
 
1. scope of application
1.1 The FM MeinArztbedarf GmbH with its registered office at Schlöglstrasse 57, 6060 Hall in Tirol, Austria (hereinafter referred to as "MeinArztbedarf") operates an online marketplace called MeinArztbedarf marketplace under the URL https://www.MeinArztbedarf.com.
On this marketplace, sellers can sell their products directly to customers.
 
1.2 The customers of the MeinArztbedarf Marketplace ("Customers") can be both consumers and entrepreneurs. Sellers can only be entrepreneurs. A consumer is a natural person who carries out transactions that cannot be attributed primarily to their commercial or independent professional activity. Entrepreneurs can be natural or legal persons as well as partnerships with legal capacity who conclude transactions within the scope of their commercial or independent professional activity.
 
1.3 Customers must be at least eighteen (18) years old in order to use the MeinArztbedarf be able to use the marketplace.
 
1.4 The exclusive terms of use for the use of the MeinArztbedarf Marketplace are set out in these General Terms of Use ("Terms of Use"). In addition, the General Terms and Conditions for the
MeinArztbedarf-customer account ("MeinArztbedarf-GTC") apply to the registration and use of a MeinArztbedarf-customer account. In the event of any contradictions between these Terms of Use and the MeinArztbedarf-GTC, the MeinArztbedarf-GTC shall take precedence.
 
1.5 Deviating agreements or additional provisions, including the customer's General Terms and Conditions, shall not apply, even if MeinArztbedarf does not expressly object to their validity or provides services to the customer without requesting such conditions.
 
2. customer support; direct contact with sellers
2.1 MeinArztbedarf acts as the first point of contact for all questions from customers regarding their orders, including questions about registration, the digital customer account ("MeinArztbedarf-customer account") and payment. MeinArztbedarf will contact the relevant Seller on behalf of the Customer in consultation with the Customer.
 
Customer support can be reached via the following channels:
- Contact form: http://www.MeinArztbedarf.com/contact
- Phone: +43 800 66 55 94
 
2.2 Customers can also contact the Seller directly to clarify questions in connection with their orders.
 
2.3 MeinArztbedarf reserves the right to delete inadmissible content in correspondence at its reasonable discretion or not to send e-mails. Unacceptable content includes in particular
- the exchange of e-mail addresses,
- embedding images or similar content in e-mails or attaching files,
- sending e-mails to multiple recipients or
- sending messages from an e-mail address unknown to the system.
 
3. conclusion of the contract of use; language; contract text; delivery area
3.1 A contract of use between MeinArztbedarf and the customer for the use of the MeinArztbedarf marketplace comes into effect when the customer places a MeinArztbedarf-customer account. To do this, the customer must enter their e-mail address and a password. The process can be canceled at any time. The contract of use comes into force when the customer receives the registration confirmation.
 
3.2 Customers can view these Terms of Use at any time on the MeinArztbedarf Marketplace and during registration and print them out using the print function of their browser and save them electronically. In addition, these Terms of Use will be sent to the customer after confirmation of registration. MeinArztbedarf does not save this contract text after conclusion of the contract.
 
3.3 The contract language is German. Orders on the MeinArztbedarf Marketplace can be placed in different languages.
 
3.4 Products that are sold on the MeinArztbedarf Marketplace can only be sent to delivery addresses as specified by the Seller.
 
4. scope of services of the MeinArztbedarf marketplace
4.1 The services that MeinArztbedarf under the contract of use for the MeinArztbedarf Marketplace ("Services") result from the functional scope of the Marketplace. MeinArztbedarf marketplace. This includes in particular the use of the functions of the MeinArztbedarf marketplace. The full scope of the services is only available to customers with a MeinArztbedarf-customer account.
 
4.2 MeinArztbedarf is not obliged to offer the Services at all times. The Services may be temporarily interrupted, in particular for security, integrity or capacity reasons and to carry out technical measures such as maintenance work.
 
5. sellers, conclusion of purchase contracts via the MeinArztbedarf Marketplace; General Terms and Conditions of Sale of MeinArztbedarf
5.1 The MeinArztbedarf Marketplace is used both by third-party providers and by MeinArztbedarf itself for the sale of products. The respective Seller can be identified on the product page. The conditions of the respective seller can be accessed via the seller store by clicking on the name of the seller.
5.2 When a customer purchases a product on the MeinArztbedarf Marketplace, the purchase contract is concluded exclusively between the customer and the respective Seller. The goods and the invoice are also sent by the Seller directly to the Customer. If the seller does not MeinArztbedarf is the seller, the MeinArztbedarf only acts as an intermediary on the MeinArztbedarf marketplace, which provides the technical and organizational infrastructure for offering products for sale and for concluding and processing purchase contracts.
 
5.3 The legal responsibility for a product offer on the MeinArztbedarf Marketplace, the execution and processing of a customer order as well as all inquiries and claims, including the handling of warranty claims and returns in connection with such an offer, lies with the respective Seller. MeinArztbedarf assumes no liability in relation to purchase contracts concluded with sellers other than MeinArztbedarf are concluded.
 
5.4 In the case of so-called "mixed" shopping baskets, i.e. orders for products from different sellers, the customer concludes a contract with each of the different sellers for the products purchased from the respective seller. In this case, each Seller is responsible for its respective product range on the MeinArztbedarf marketplace, the fulfillment and processing of orders and all inquiries and claims, including the handling of warranty claims and returns in connection with this offer. The respective conditions of the respective Seller apply.
 
5.5 In cases where MeinArztbedarf is also the seller of a product, the General Terms and Conditions of Sale of MeinArztbedarf ("General Terms and Conditions of Sale") shall apply to the respective purchase contract. In all other cases, the General Terms and Conditions of Sale of the respective Seller shall apply.
 
6. payment processing
6.1 Customers use the payment methods provided by them on the MeinArztbedarf payment options available on the marketplace to pay for goods purchased via the MeinArztbedarf products purchased via the marketplace.
6.2 Payments for the sale of products via the MeinArztbedarf Marketplace are processed via external payment service providers. The payment terms and data protection provisions of the respective payment method providers can be viewed by the customer before the contract is concluded.
 
6.3 For certain payment methods with an increased risk of non-payment or increased risk of fraud, a SCHUFA and/or Bürgel query or fraud prevention may be carried out by Adyen, PayPal or one of the affiliated payment service providers in individual cases if the customer selects this payment method.
 
7 Liability
7.1 MeinArztbedarf Adyen shall be liable in accordance with the statutory provisions if customers assert claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or vicarious agents of Adyen. MeinArztbedarfare based.
7.2 Insofar as MeinArztbedarf negligence is alleged in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the contractual partner can regularly rely, the liability for damages of MeinArztbedarf to the foreseeable, typically occurring damage.
 
7.3 Liability for culpable injury to life, limb or health remains unaffected.
 
7.4 Liability under the Product Liability Act and liability pursuant to Art. 82 GDPR shall remain unaffected.
 
7.5 The above limitations of liability shall not apply if MeinArztbedarf the customer has been given a guarantee.
 
7.6 Unless otherwise agreed, the liability of MeinArztbedarf towards the customer is otherwise excluded.
 
8. termination of the contract of use
The customer may terminate the contract of use at any time without notice.
 
9. data protection
All personal data collected in connection with the use of the MeinArztbedarf Marketplace will be processed in accordance with the applicable laws and the provisions of the Privacy Policy and the Cookie Policy.
 
10. online dispute resolution
The European Commission provides a platform for online dispute resolution, which can be accessed by the customer at http://www.ec.europa.eu/consumers/odr. MeinArztbedarf does not participate in dispute resolution proceedings before a consumer arbitration board.
 
11. choice of law, place of jurisdiction, severability clause
11.1 The law of the Federal Republic of Austria shall apply to the Services and these Terms of Use. The application of the uniform UN sales law (United Nations Convention on Contracts for the International Sale of Goods, CISG) is excluded.
 
11.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes in connection with the Services and these Terms of Use, including international disputes, shall be the registered office of MeinArztbedarf. MeinArztbedarf may, however, also sue the customer at its place of business. This does not apply if another legally binding exclusive jurisdiction exists.
 
11.3 Should any provision of these Terms of Use be invalid or unenforceable or should these Terms of Use contain a loophole, this shall not affect the validity of the remaining provisions. This exception does not apply if adherence to this provision would represent an unreasonable hardship for one of the parties.
 

Marketplace terms and conditions as at: 19.10.2023